Defendant George Negri, Inc. moves for dismissal of the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice or, alternatively, for relief pursuant to rule 90. The action is brought by a surety upon bonds furnished pursuant to two contracts for public improvements. While the movant is not precluded from instituting appropriate suit against the surety secondarily liable (see Negri, Inc. v. Milford Constr...
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